We use cookies to give you the best possible experience on our website. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them.

Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,Get an Answer ASAP!

By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them.

I am looking at a part-time telepsychiatry postion and the…

Customer Question

I am looking at...

I am looking at a part-time telepsychiatry postion and the Clinical Offer Letter is stating there would be a 2 year noncompete for telepsychiatry for current and prospective clients. This seems excessive to me as ANYONE could be a prospective client. I currently work part-time at a non telepsychiatry position however may switch to full time telepsychiatry in the future working through a different company. I understand the reasonableness of not wanting me to deliver services directly (without them as intermediary) to clients but the way it is written I can't deliver services to anyone they deem a potential client either.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Texas the way it looks to be written in texas law,

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will. My concern is the length of time (2 years) and breadth (potentially anyone on the face of the earth)

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Thanks very much for your patience. I just want to double check, what specific questions did you have. Is it whether 2 years is legitimate for a non-compete in Texas?

Ask Your Own Employment Law Question

Customer reply replied 1 year ago

I am concerned about the length of time for the non-compete (2 years) and the breadth (it includes any patient current or prospective) without any geographical limits for all telepsychiatry positions. This would essentially eliminate my ability to practice telepsychiatry for two years if my employment is terminated (by either myself or the employer)

I can understand. In your state, the law allows for non-competes, but it cannot be unlimited in its scope, time, or geography. This means that they cannot generally bar you from working for anyone else every again. They may put in their non-compete that you are disallowed from sharing trade secrets with others, though. Additionally, agreements are generally reasonable in TX for up to two years. Anything longer than that is going to be considered an unreasonable non-compete. They also cannot ban you from working anywhere in the United States. They have to limit the geography on it.What many people do is that once they quit working, they will often work for another person and simply not tell the former employer at all. I do not always recommend breaking a contract; however, if you have reason to believe it is unreasonable and feel that you could make that argument in court potentially, then go for it. You of course always have the option of not signing the agreement.

What other questions did you have for me?

Ask Your Own Employment Law Question

Customer reply replied 1 year ago

Because this is telepsychiatry however, I can live anywhere in the US and see patients anywhere else in the US as long as I'm licensed in that state. As all telepsychiatry companies in the US have essentially the same constraints, the geographic limitation isn't clear

I see what you mean. If that is the case, then there is reason to believe that that portion of the agreement is unenforceable. Thus, if you left that business and opened your own, then you could argue that the specific section may need to be reformed rather than you potentially paying damages. Regardless, in all practicality, unless they became aware of what you were doing within the two years, you may be able to run your own show without worry. What other questions did you have for me?

Ask Your Own Employment Law Question

Customer reply replied 1 year ago

Nothing different. Telepsychiatry isn't that big of a world unfortunately and practicing under the radar might be difficult. Also, the contract specifies current and prospective clients which again places no limitations.

I see what you mean. Well, if you haven't signed the agreement, you're welcome to not sign it of course. Also, you can always request with your employer to modify the agreement.

Under the Uniform Commercial Code Section 2-209, parties are allowed to modify an agreement and there needs to be no additional consideration for this modification to be binding. The only exception is that if the parties agreed that modifications need to be in writing, the modification must be in writing. Or, you could wait the two years, but it's entirely your call. Did you have any other questions for me?

Second opinion] I'm a freelance writer and my client I sign a contract with noncompete and nondisclosure clauses. Here is the part of the contract:TEXT NON-COMPETE. Contractor agrees that while he/she… read more

Hi I am Graduate Student and I have just received an Offer Letter for a Consultancy Firm. Before signing the acceptance letter I ran through a statement and want to make sure what are restrictions I will be looking at … read more

I held a technical sales position for a startup company in Mass who terminated me without cause one day shy of my 6 month mark. A provision in the "Proprietary Information and Inventions Agreement" la… read more

I am an inside salesman who lives in Baytown, TX and makes 40k/year. My employes (after 5+ months of employment) is asking me to sign a noncompete that specifies 5 years and a 250 mile radius. I feel … read more

I am a pediatric dentist in Fort Worth, Texas about sign a new contract with the office I have been at for the past 3 years. WE have discussed the potential for me to become partner but that won't be … read more

if a person signs a non compete in 2010 employee signs another renewal contract for continued employment in October 2011 with a raise in pay but no updated non compete signed can company still enforce… read more

I work in Texas but jurisdiction will be in the District of Columbia. I am a commissioned sales person. The company has now decided to change the original compensation program I had to something that … read more

can an employer require that an employee in the position of a health care provider (paramedic, nurse) report to the employer that they are infected with a communicable disease? ...can a policy regardi… read more

I signed a non-compete contract with my old employer and it states that I cannot elict the business of any customers of the company prior to 6 months passing with my former employer. However, I have h… read more

we recently found out that my son is getting disqualified from alot of his job search prospects because of a previous employers secretary saying way more than the law allows, (they can only verify wor… read more

During the period of your employment and for 18 (eighteen) months following the termination of your employment, for whatever reason, (which time period shall be extended by the length of time during w… read more

I signed a non-compete,non-disclosure and non-solicitation that's not that strong in my opinion. In addition, there was a group of about 7 people that were in one room who were called for a "meeting" … read more

I was just terminated after 32 yrs with Trimac Transportation a for hire bulk trucking company , I have been offered a severance agreement which I want to accept , however my concern is the non-compet… read more

How concerned should I be about a non compete agreement that is written under FL law and I live in TX? When I signed the agreement, I had an attorney in our building notarize I was signing under dires… read more

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.

JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Employment Lawyer

13,516 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).